Licensing Committee – 6 June 2013

2. Declarations of Personal or Personal and Prejudicial Interests or Significant Contact with Applicants, Objectors or Third Parties (lobbying) if any.

3. To take the minutes of the meeting of this committee held on 4 April 2013, as a correct record and authorise the Chairman to sign.

4. To note the scheduled dates and times of the Licensing Committee as follows –

Thursday 12 September 2013 at 10.00 am

Thursday 7 November 2013 at 10.00 am

Thursday 9 January 2014 at 10.00 am

Thursday 6 March 2014 at 10.00 am

Thursday 1 May 2014 at 10.00 am

5. Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the following sub-committees –

(i) Licensing (Miscellaneous) Sub-Committee held on 2 May and 13 May, 2013.

(ii) Licensing (Activities) Sub-Committee held on 7 March 2013 and meetings on 16 May 2013 (1) and 16 May 2013 (2).

6. To appoint a Licensing (Miscellaneous) Sub-Committee comprising five members of the Licensing Committee (three Conservative and two Labour members, names to be notified).

7. To appoint a Licensing (Activities) Sub-Committee comprising three members (politically balanced) drawn from the 15 members of the Licensing Committee. (Membership of the sub-committee to deal with individual cases to be appointed as required from eligible members)

1099 CHAIRMAN’S REMARKS – The chairman welcomed all members present, especially new members of the committee, to its first meeting in the 2013/14 council year.

1100 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared a personal interest –

Member

Nature of Interest

Councillor Armitage

Councillor Jawaid

Councillor Kataria

Councillor Oldfield

Licence holder

Family member a taxi licence holder

Hackney Carriage licence holder

Licence holder

1101 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 4 April 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.

1102 DATES AND TIMES OF MEETINGS – Resolved – That the dates and times of future meetings of the committee be held at 10:00am on –

1103 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 2 May and 13 May 2013 be received.

1104 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 7 March 2013 and 16 May 2013 be received.

1105 TO APPOINT A LICENSING (MISCELLANEOUS) SUB-COMMITTEE – Resolved – That a Licensing (Miscellaneous) Sub-Committee be appointed comprising five members of the Licensing Committee, three Conservative members (Councillors K Vickers, Glover and Wardle) and two Labour members (Councillors Armitage and Ellerby).

1106 TO APPOINT A LICENSING (ACTIVITIES) SUB-COMMITTEE – Resolved – That a Licensing (Activities) Sub-Committee be appointed comprising three members (politically balanced) drawn from the 15 members of the Licensing Committee. (Membership of the sub-committee to deal with individual cases to be appointed as required from eligible members).

1107 (4) LICENSING BUDGETS AND FEES – PROVISIONS OF SERVICE REGULATIONS 2009 AND LICENSING LEGISLATION – The Director of Places submitted a report which reviewed and proposed changes to licensing fees and associated licensing budgets in light of recent case law applied through the Provisions of Service Regulations 2009.

The report explained the background to the requirements of legislation controlling relevant fees and charges and also the impact of the Provisions of Service Regulations 2009. Applying the requirements of the above regulations, all associated licensing fees and charges had been reviewed and revised fees for 2013/14 were set out in Appendix A of the report. The projected income was also outlined in table 1 of paragraph 2.7 of the report.

The Director in his report emphasised that if the council did not comply with the legislation and regulations, then it would be open to legal challenge. The proposed revised fees and charges could be defended robustly against any legal challenge, and any future reviews made easier.

Resolved – (a) That the proposed fees and charges for 2013/14 as set in accordance with option 2 in paragraph 3 of the report, and as detailed in Appendix A of the report, with the amendment of £91 for the Proposed Fee for Scrap Metal Dealers Site and Collectors Licences, be approved, and any required advertising of the changes be made, and (b) that the licensing income budget be reviewed to ensure that targets are in line with expected levels and not in excess of anticipated costs.